Filing of review petition
Is there any way of filing a review petition after a span of 9 years of decree against state government of Assam. As Government of Assam has failed to pay the amount. In the first judgement announced in the year 1996 in our favour, government has filled condonation of delay petition in 2002 and the court accepted the same. The court has dismissed the appeal in the year 2006. in the judgement of year 2002 the interest amount was supposed to be given to us but unfortunately in the 2006 judgement the court hasnt mentioned anything about the interest. So we wish to file a review petition through condonation of delay. Is it possible and is there any other judgement similar to this case. Please share the case number of such cases
Asked 2 years ago in Civil Law from Guwahati, Assam
1) your review petition after gap of 9 years would not be entertained by court
2) if appeal has been dismissed in 2006 original order of 1996 had to be complied with
3) take out contempt of court proceedings if order had not been complied with
4) no need to file review petition
In view of the dismissal of he appeal, the original judgement remains and the status quo is maintained hence it may be proper if you apply for execution of the judgement, the limitation aspect has to be verified accordingly for this purpose.
For judgement you may refer to indian kanoon.org
1. How would you justify the delay of 9 years in filing the review petition?
2. Filing an appeal would be a better recourse than filing a review petition as review succeeds in only 1 out 10,000 cases.
3. No other judgment will help you as your case is special on the face of its own merits.